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No. 73.]

Mr. Koerner to Mr. Seward.

LEGATION OF THE UNITED STATES,
Madrid, January 17, 1864.

SIR The telegraph will have informed you, ere this, that the cabinet of Miraflores has ceased to exist. It was defeated, on Friday last, by a large vote in the Senate. The question on which the vote was given was one arising out of a proposition of the ministry to repeal certain organic laws which had been passed in 1857 under the administration of General Narvaez. By the constitution of 1845 all senators were nominated for life by the Crown, to be taken from certain classes of functionaries or from the grandees of Spain, enjoying a certain fixed income from land or other stable sources. The organic laws of Narvaez, called reforms, provided that the dignity of senators should be hereditary in the family of grandees, upon condition, however, as heretofore, the heir should have the requisite income, and, in order to secure this property qualification, the grandees were permitted to entail their estates.

Another of these reforms of Narvaez provided that the rules of both houses of the Cortes should be established by a law, thus placing it out of the power (as was alleged) of accidental majorities in either house to oppress minorities by arbitrary changes of the rules. These reforms, however, remained a dead letter; neither the administration of Narvaez (which hardly survived the sage of the reforms) nor any of the various subsequent cabinets finding it advisable to even propose a law of entail for the grandees-the common law of Spain forbidding the entailing of estates-nor to offer a law establishing parliamentary rules for the Cortes.

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The present ministry, counting upon the support of the O'Donnel party, which was committed in favor of repealing the many reforms, introduced a bill abolishing the provisions allowing grandees to entail, and also the one which provided for a law of parliamentary rules. As it was admitted, on all hands, that the said Narvaez reforms had produced no change, and remained unexecuted, and would in all probability ever so remain, it is very clear that the question of itself was of no great moment. The ministry, however, trying to remove from the organic laws provisions which had become impossible of execution, had undoubtedly the better side of the question. Its motive for raising such an unsubstantial question was probably to obtain some cheap popularity, as the proposition to deprive the grandees of the privilege to entail, and thereby prevent in many instances the inheritance of the senatorial dignity, had a certain odor of liberality about it.

The measure could only have been carried by the assistance of the O'Donnel party, (Union liberal,) but that party almost to a man voted with their chief, O'Donnel, whose only object was to beat the ministry, to which he had of late become very hostile. This conduct was of course inconsistent with their former professions and pledges in regard to the Narvaez reforms, but the ministry must have been very blind if they counted upon political morality in any of the existing parties.

Although the adverse vote was not given directly on the bill proposed by the ministry, but on a preliminary question, which showed, however, pretty plainly what it would be on the main question; the Senate was immediately adjourned and the ministers tendered their resignation, which, under the circumstances, had to be accepted. No cabinet has been formed yet. The probability is that another coalition ministry will be called in, and although such an one offers no stability, yet it is difficult to do anything else at present where neither the conservatives, nor the Progressistas, nor the old O'Donnel compromise party, (Union liberal,) has a majority in either house, or perhaps in the country. If Narvaez, as head of the Moderados, or Olazaga-Prim, as heads of the Progressistas, were to

form a cabinet, the present Cortes would, at all events, have to be dissolved, and an appeal made to the people. Should a new election give a decided majority to the ministry, a somewhat more permanent government might be expected.

Personally I regret the retirement of the Marquis of Miraflores. He was a model gentleman of the old school, formal to a certain degree, yet very courteous and even cordial. He was frank, and, I think, a man of honor. His mental capacities were not considered very high, yet he has considerable experience in public affairs, and I think he made, upon the whole, a pretty good

minister.

I am just informed of the formation of a new ministry; although Narvaez is not in it, its complexion is "moderado." President and minister of state is Arrazola, judge of the supreme tribunal of Spain. He was a cabinet minister many years ago. Minister of war is General Lersund, Colonies, Alexander de Castro. The other ministers are gentlemen of whom little is known outside of Spain.

I have the honor to be, very respectfully, your most obedient servant,

Hon. WILLIAM H. SEWARD, &c., &c., &c.

GUSTAVUS KOERNER.

No. 67.]

Mr. Seward to Mr. Koerner.

DEPARTMENT OF STATE,

Washington, February 6, 1864. SIR: By the 9th article of the treaty of Washington of the 9th of August, 1842, between the United States and Great Britain, it is stipulated that the parties will unite in all becoming representations and remonstrances with any and all powers within whose dominions such markets (for African negroes] are allowed to exist, and that they will urge upon all such powers the propriety and duty of closing such markets effectually at once and forever.

Spain is believed to be the only Christian state into whose dominions African negroes are now introduced as slaves. She has a treaty with Great Britain stipulating for the suppression of that traffic. The instrument was concluded at a time and under circumstances which, as it seems to us, imposed a peculiar weight of moral obligation on Spain to see that her stipulations were carried into full effect. It is understood, however, that the just expectations of the British government in that respect have been signally disappointed. This has no doubt been mostly owing to the fact that a great part of the public revenue of Spain has hitherto been derived from Cuba, the prosperity of which island has in some quarters been erroneously supposed to depend upon a continued. supply of imported slave labor. This is believed to be the source of the disregard of Cuban slave-dealers of the humane policy of the home government, and the alleged inefficiency at times of the colonial authorities.

We have no treaty with Spain on the subject of the slave trade; but, as the laws of the United States characterized it as piracy long before our treaty with Great Britain above referred to, we think ourselves entitled to consider that trade an offence against public law, so far as to warrant our faithful compliance with the stipulation contained in that treaty. Herewith I transmit a copy of an informal note on this subject of the 4th instant addressed to me by Lord Lyons, and of the papers to which it refers. From these it appears that though the number of Africans introduced into Cuba is diminishing, yet that the municipal laws in force there require amendment before a stoppage of the traffic can be expected. The peculiar relations of Great Britain to Spain with reference to this topic may justify to the full extent the text of the note of Sir John Crampton to the Marquis of Miraflores. The relations of the United

States to Spain, however, are of a different character, but the President authorizes and directs you to address a communication in general terms to the Spanish minister for foreign affairs, setting forth the treaty stipulations between the United States and Great Britain on this subject, and stating that it would afford the utmost satisfaction in this country if any obstacles existing in Cuba to the complete suppression of the African slave trade should be removed.

I am, sir, your obedient servant,

WILLIAM H. SEWARD.

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The Santo Domingo question is lately occupying very much the thoughts of the reflecting portion of the nation. Some papers boldly advocate an abandonment of the island. It is certain that the cabinet has been very much engaged with the subject. Officials lately arrived from the theatre of war have been examined by the ministers. It is reported, upon pretty good authority, that a commission will be sent there to make a thorough investigation into the condition of affairs. Letters from the island, freely published in the papers here, represent a thorough conquest, and the restoration of lasting tranquillity there, as impossible. It is easy enough for the Spanish troops to subdue the insurgent places near the coast, where such troops can be subsisted by the fleet. But the interior is said to be so thinly peopled, so little cultivated, so densely covered by primeval forests, so destitute of roads, that no armies can penetrate into the country, where bands of natives can exist with ease, ready to issue forth, whenever an opportunity offers, to assail the Spanish posts.

I believe that the government of Hayti does its best (at least apparently) to prevent encouragement and material aid being given to the Santo Domingo people; but this being a war of races, and Spain being feared as a neighbor in the island, it cannot, weak as it is, restrain the Haytians from affording great assistance to the insurgents. Add to all this the terrible climate, which is making fearful ravages in the Spanish army, and it may well be believed when it is said that there is hardly a man now in Spain but regrets deeply this annexation, and denounces it now as a most egregious blunder. A strong and powerful ministry alone, however, could take the step of abandoning the fatal gift, and such a one does not at present exist, and may not exist for a long time to come. In the meanwhile the finances of Spain, never very flourishing, though lately improving, will suffer very greatly.

The Dutch and Prussian ministers here, as also the consul general of the Hanseatic towns, have received instructions from their respective governments to present claims for damages done to their shipping by the bombardment of Puerto Plata by the Spanish forces. The English minister has also received notice that claims will be presented. Upon the supposition that the United States had similar claims I have been applied to for joint action in the matter. But as I have not received any information on the subject, I have of course refrained from saying or doing anything.

Your circular despatch of the 12th of August, 1863, presenting succinctly. and forcibly a tableau of the condition of military affairs in our country, and of the steady progress of the Union cause, has been translated by Mr. Perry into

Spanish, and has been issued in pamphlet form in a neat and elegant style here in Madrid, and is now distributing. Mr. Perry has already sent you some copies. It has made a favorable impression.

I have the honor to be, most respectfully, your most obedient servant,

Hon. WILLIAM H. SEWARD,

GUSTAVUS KOERNER.

No. 69.]

Secretary of State, Washington.

Mr. Seward to Mr. Koerner.

DEPARTMENT OF STATE,

Washington, February 25, 1864.

SIR: Your despatch of January 31, No. 75, has been received.

Mr. Tassara informs me that he has not received a power or instructions to execute the treaty concerning maritime jurisdiction. The negotiation, therefore, remains in abeyance.

I shall refer to the subject of the complaint of hospitalities extended to the privateer Georgia in a distinct communication.

I am, sir, your obedient servant,

WILLIAM H. SEWARD.

GUSTAVUS KOERNER, Esq., &c., &c., &c., Madrid.

Mr. Koerner to Mr. Seward.

[Extracts.]

No. 78.]

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LEGATION OF THE UNITED STATES,
Madrid, February 28, 1864.

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SIR: Some time previous to the receipt of your last, Sir John Crampton had called upon me, and had explained the grounds and the object of the remonstrances which his government had felt itself compelled to make to the Spanish government respecting certain failures in the proper execution of treaty stipulations existing between Great Britain and Spain as to the suppression of the slave trade. He also informed me of the President's promises to support the British reclamation according to the Washington treaty. Subsequent to the receipt of your despatch upon that subject I had another interview with Sir John, in which he informed me of the conversation and the correspondence which he had already had with the minister of state on the question, and of his prospects of

success.

In pursuance of your despatch I have addressed a note to Señor Arrazola, the minister of state, a copy of which I have the honor to enclose. I have also furnished a copy to Sir John.

Another political crisis seems to have been reached here. It is generally supposed that within a few days the ministry will resign, or that they will dissolve the present Cortes and appeal to the country.

As no change of administration will, in my opinion, seriously affect our relations with Spain, I forbear to indulge in speculations as to the probable successors of the present ministry, and as to the state of politics here generally. I enclose a copy of the Iberia, of the 17th of this month, containing an article

of General Prim, (El Condé de Reus,) in which he gives a brief sketch of his journey to the United States, and dwells more particularly on the great military and financial resources of the United States. The Iberia being the principal organ of the great Progressista party, and having a very wide circulation, the views of the general, so favorable to the great Union cause, and so flattering to our national power, cannot fail to create an excellent impression among the people of Spain.

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It is understood that the ministry have last night tendered their resignation to the Queen; whether it will be accepted, or whether the Cortes will be dissolved, is not yet ascertained.

I have the honor to be your most obedient servant,

Hon. WILLIAM H. SEWARD,

Secretary of State, Washington.

GUSTAVUS KOERNER.

Mr. Koerner to Mr. Arrazola.

LEGATION OF THE UNITED STATES,
Madrid, February 27, 1864.

SIR: The subject of suppressing the inhuman African slave trade has been one of deep anxiety to the government of the United States from the time of its foundation. The United States have been among the first of nations, if not the first, that have denounced this traffic in human beings as piracy, and have visited their own citizens implicated in it with the severest penalties. At very heavy pecuniary sacrifices, and at the risk of the lives of their own naval officers and seamen, they have for more than twenty years supported a squadron on the western coast of Africa, in a most destructive climate, in order to prevent the successful carrying on of this nefarious trade.

They have, with a like view, entered into stipulations with the government of her Britannic Majesty, in the year 1842, contained in what is called the treaty of Washington, the 9th article of which is as follows:

[Here follows the article entire.]

The attention of the President of the United States has lately been directed to certain difficulties which have presented themselves, and which appear to prevent a complete suppression of the slave trade in the colonial possessions of her Catholic Majesty, and more especially in the island of Cuba, which difficulties do not arise from any desire of the Spanish colonial authorities to favor the said trade. It is well known that the efforts made by the captain general of that island correspond entirely to the wise and humane policy which the home government of her Catholic Majesty has adopted in regard to the subject in question, and which is thoroughly appreciated by the President and the people of the United States. The difficulties spoken of seem to be inherent in the laws and regulations in existence, which are supposed to give room to interpretations by which their force may be evaded.

In view of the general policy of the United States, which looks upon the African slave trade as an offence against the public law of nations, and has denounced it as piracy; in view, also, of the treaty stipulations existing between them and the government of her Britannic Majesty, the President of the United States has instructed me to respectfully call the attention of her Catholic Majesty's government to this subject, and to suggest such a revision of the existing laws and regulations concerning the unlawful introduction of slaves into

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